A/HRC/22/53/Add.4
facts, leading to the prosecution and punishment of the perpetrators, and to provide full
redress to Ms. Mohammadi.
(c)
JUA 27/09/2011 Case No. IRN 11/2011 State reply: 26/09/2012 Alleged arbitrary
detention and solitary confinement of human rights lawyer and defender.
171. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its
response to this communication dated 26 September 2012, regarding the alleged arbitrary
detention and solitary confinement of Mr. Abdolfattah Soltani, a human rights lawyer and
defender. In its reply, the Government reported that Mr. Soltani‟s appeal was heard by branch
54 of Tehran‟s court of appeals. The government described that part of Mr. Soltani‟s original
verdict, which condemned him to five years‟ imprisonment, was dismissed, and that his
prohibition from practicing law after his release from prison was reduced to a period of ten
years. The Government explained that the remainder of the lower court‟s verdict was upheld.
While the Special Rapporteur appreciates the Government‟s response, he regrets that the
Government did not address allegations that Mr. Soltani was placed in solitary confinement
in Section 209 of the Evin prison. In this context, the Special Rapporteur stresses that the
Government has an obligation to protect the right to physical and mental integrity of all
persons, which is set forth inter alia in the UDHR and the ICCPR. The Special Rapporteur
reiterates paragraph 6 of General Comment 20 of the Human Rights Committee, which states
that prolonged solitary confinement of the detained or imprisoned person may amount to acts
prohibited by article 7 [on the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment] of the ICCPR. The Special Rapporteur also reminds the
Government of article 7 of the Basic Principles for the Treatment of Prisoners, which
provides “efforts addressed to the abolition of solitary confinement as a punishment, or to the
restriction of its use, should be undertaken and encouraged.” The Special Rapporteur urges
the Government to take all necessary measures to guarantee that the rights and freedoms of
Mr. Soltani are respected and, if investigations support or suggest the allegations to be
correct, to adopt effective measures to ensure accountability.
(d)
JUA 11/10/2011 Case No. IRN 13/2011 State reply: 31/05/2012, 28/11/2012 Alleged
arrest and detention, ill-treatment, judicial harassment and sentencing of women
human rights defenders.
172. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its
response to this communication in reference to the alleged ill-treatment and denial of medical
treatment of Ms. Faranak Farid, the alleged incommunicado detention of Ms. Farid and Ms.
Fereshteh Shirazi, and the alleged judicial harassment, sentencing, and arbitrary detention of
Ms. Nasrin Sotoudeh, Ms. Narges Mohammadi and Ms. Shiva Nazar-Ahai. In its reply, the
Government of Iran states that Ms. Shirazi was charged and convicted of disseminating
propaganda and falsely alarming the public by insulting and making false allegations about
government officials. She was sentenced to two years imprisonment, and was barred from
exiting the country for five years. The Government, however, did not comment on the cases
of Ms. Farid, Ms. Sotoudeh, Ms. Mohammadi, or Ms. Nazar-Ahai, nor did not explain if it
had taken any measures to ensure the physical and psychological safety of any of the
aforementioned victims. The Special Rapporteur notes that Article 7 of the International
Covenant on Civil and Political Rights expressly prohibits all forms of torture, or cruel,
inhuman or degrading treatment or punishment. The Special Rapporteur also reiterates that
under paragraph 8(b) of Human Rights Council Resolution 16/23, “(p)rolonged
incommunicado detention or detention in secret places can facilitate the perpetration of
torture and other cruel, inhuman or degrading treatment or punishment, and can in itself
constitute a form of such treatment.” The Resolution further urges all states “to respect the
safeguards concerning the liberty, security and the dignity of the person and to ensure that
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